The Australian Business Names Act all in one place. Free legal information available

1. Business Names Act 2002 no 97 (NSW)
2. Who We Are
3. Netlawman Privacy
4. Net Lawman terms
5. Unsecured loan agreement
6. Consultancy agreement
7. Sales agency agreement direct
8. Business sale
9. Sale goods service terms
10. Sales agency agreement services
11. Confidentiality letter
12. Sale goods terms
13. Sales agency agreement agent

Part 1: Preliminary

1.   Name of Act

This Act is the Business Names Act 2002.

2.   Commencement

(1)    This Act commences on a day or days to be appointed by proclamation, except as provided by subsections (2)–(4).

(2)    Schedule 1.1 commences on the commencement of section 5, or on the commencement of section 204B of the Police Act 1990, whichever is the later.

(3)    Schedule 1.4 [4] and [5] commence on the commencement of section 5, or on the commencement of Part 2D of the Home Building Act 1989, whichever is the later.

(4)    Schedule 1.11 commences on the commencement of section 5, or on the commencement of section 30 of the Property, Stock and Business Agents Act 2002, whichever is the later.

3.   Definitions

(1)      In this Act:

authorised officer means an authorised officer appointed under section 34.

business includes trade and profession.

business name includes any name, style, title or designation under which business is carried on.

Department means the Department of Commerce.

Director-General means:

(a)    the Commissioner for Fair Trading, Department of Commerce, or

(b)    if there is no such position in the Department—the Director-General of the Department.

foreign language character means any character or symbol that is not an English language letter, numeral or punctuation mark.

on-line service means an internet carriage service within the meaning of the Broadcasting Services Act 1992 of the Commonwealth.

proper address means:

(a)    in relation to an individual, the individual’s usual place of residence, and

(b)    in relation to a corporation, the address of the corporation’s registered office within the meaning of the Corporations Act 2001 of the Commonwealth.

proper name means:

(a)    in relation to an individual:

(i)      the individual’s full name, or

(ii)     the individual’s family name, together with the initials or abbreviations of one or more of the individual’s given names, and

(b)    in relation to a corporation, the corporation’s corporate name.

Register means the register of business names referred to in section 20.

registered means registered under the Licensing and Registration (Uniform Procedures) Act 2002, as applied by section 5.

registered particulars means:

(a)    in relation to a person in whose name a business name is registered, the particulars referred to in section 20 (2), and

(b)    in relation to a business for which a business name is registered, the particulars referred to in section 20 (3).

(2)    In this Act, a reference to carrying on business includes a reference to establishing a place of business and soliciting orders for goods or services, but does not include:

(a)    taking or defending any legal proceedings, or

(b)    establishing or maintaining an account with an authorised deposit-taking institution, or

(c)     effecting any purchase or sale through an independent contractor, or

(d)    creating evidence of any debt or creating any charge on real or personal property, or

(e)    collecting any debt, securing any debt or enforcing a security with respect to any debt, or

(f)      conducting an isolated transaction over a period of not more than 31 days, or

(g)    investing funds or holding property.

(3)    Notes in the text of this Act do not form part of the Act.